Addressing the first regional conference on access to legal air organised by the National Legal Services Authority (NALSA), India's G20 sherpa and former NITI Aayog chief, Amitabh Kant, emphasised that affordable and efficient access to justice for every Indian is not merely an option but a crucial necessity for countries in the Global South.
Kant said: "Global south is critical and important because this year, 80 percent of the growth will come from these countries. Without access to justice, this growth will not be feasible and possible."
He highlighted that a key priority for the Indian government is to help achieve efficiency and enable access of justice to all the citizens. The G20 Sherpa remarked that a subject like access to justice will require a futuristic relook to enhance efficiency, equity and ease. Noting that India has been using technology to enable access and efficiency, he said "technology alone will be a major driver of transformation in the global south."
Kant remarked that the next two decades are set to be the most significant of India's growth story and according to NITI Aayog, India will be a $30 trillion economy by 2047. He said, "If we aim to achieve this level of growth, we need to work with the global south and to do so a dependable, reliable and effective dispute resolution resolution framework is a must."
Hailing the government's move to bring a law for mediation, Kant said, "The mediation act, 2023 has greatly enhanced the chances of commercial matters to be solved at the pre-litigation stage... this should hopefully reduce the burden on courts by resolving matters prior."
Technology driven justice delivery system:
Kant noted that an efficient technology driven justice delivery system that helps achieve affordable, sustainable and dependable will be the key to achieving universal access to justice in the global south.
Speaking of the online dispute resolution, he said, "Today it is positioned to become high volume dispute resolution mechanism that can not only reduce the burden on courts but also ensure access to justice in the most remote parts of the global south." Kant noted that online dispute resolution has become a solution in areas where access to justice was a problem.
Kant cited the examples of the integrated consumer grievance redressal mechanism by the department of consumer affairs and the samadhan portal for the benefit of micro small medium enterprises.
Online dispute resolution is a method by which small- and medium-value cases are resolved using digital technology and techniques such as arbitration, conciliation and mediation. It refers to the process of using technology for dispute avoidance, containment and resolution outside the traditional court system.
Decriminalisation and decolonisation:
Hailing the government's move to repeal close to 2000 obsolete laws, and decriminalise many offences, the G20 sherpa noted that this move lead to better efficiency in laws that are relevant to the current development context.
He said, "All of these initiatives will help every citizen not merely of India but also of the global south, as we take this movement across get access to justice without years of delay."
Kant further noted that many of India's measures to enhance access to justice will serve as a useful template for governments across many countries in the world.
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